Objectives of the Forest (Conservation) Act, 1980

The Forest (Conservation) Act, 1980 (FCA, 1980) is a pivotal piece of legislation in India aimed at protecting its dwindling forest cover. It was enacted by the Parliament of India to check the rapid diversion of forest land for non-forest purposes, which was occurring extensively after India's independence to facilitate developmental activities such as agriculture, industries, and infrastructure projects.

To provide for the conservation of forests and for matters connected therewith

The primary and explicit objective of the Forest (Conservation) Act, 1980, as stated in its preamble, is "to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto".

This objective reflects the intent of the Indian government to put a brake on the indiscriminate conversion of forest land for purposes other than forestry. Before this Act, State Governments had the authority to de-reserve forest lands or divert them for various uses without requiring the approval of the Central Government, leading to significant forest loss.

The Act seeks to achieve its objective by establishing a central regulatory mechanism over the diversion of forest land. It essentially mandates that any proposal to use forest land for non-forest purposes requires the prior approval of the Central Government. This central control allows for a more uniform and cautious approach to forest land diversion across the country, ensuring that conservation is given due consideration alongside developmental needs.

The phrase "matters connected therewith or ancillary or incidental thereto" implies that the Act covers a range of related issues necessary for forest conservation, including compensatory afforestation, rehabilitation of affected people, and ensuring sustainable use of forest resources when diversion is unavoidable. The Act is designed to reinforce the importance of forests not just as a source of timber but as vital ecosystems providing numerous environmental services.

Definition of Forest

A critical aspect of the Forest (Conservation) Act, 1980, is the definition of what constitutes "forest" land to which the Act applies. While the Act itself does not explicitly define "forest", its applicability was initially understood to cover land legally declared as "Reserved Forest", "Protected Forest", or "Village Forest" under the Indian Forest Act, 1927, or other state forest laws.

Broadleaf Forest definition by Supreme Court in Godavarman case**

The scope and definition of "forest" under the Forest (Conservation) Act, 1980, were significantly expanded and clarified by a landmark judgment of the Supreme Court of India in the case of T.N. Godavarman Thirumulpad vs. Union of India and others (W.P.(C) No. 202 of 1995). This case, which began as a writ petition concerning illegal timber felling in the Nilgiris, evolved into a comprehensive order regulating forests across the country.

In its order dated December 12, 1996, the Supreme Court held that the term "forest" under the Forest (Conservation) Act, 1980, must be understood in its broad and dictionary meaning. The Court ruled that the provisions of the Act apply not only to forests notified under the Indian Forest Act, 1927, or any other law, but also to:

• Any area recorded as 'forest' in government records, irrespective of the ownership or classification.
• Any area that appears to be a 'forest' in the common understanding of the term, based on its canopy density, tree cover, and ecosystem characteristics, regardless of whether it is officially recorded as such. The Court used the term "forest" in the sense of 'broadleaf forest', emphasising the ecological function rather than just legal designation.

This broad interpretation, often referred to as the "Godavarman judgment", brought a vast amount of land under the purview of the FCA, 1980, including unclassed forests, private forests, plantations, and even deemed forests (areas that meet the definition of forest regardless of their legal status). The implication is that any diversion of such land for non-forest purposes requires the mandatory prior approval of the Central Government as per Section 2 of the Act. This judgment was crucial in preventing the circumvention of the Act's provisions by diverting forest-like areas not formally notified as forests.

Restrictions on Diversion of Forest Land (Section 2)

Section 2 of the Forest (Conservation) Act, 1980, is the core provision that imposes restrictions on the use of forest land. It lays down the specific circumstances under which forest land cannot be used without obtaining the explicit prior approval of the Central Government.

Prior approval of Central Government is required for

Section 2 unequivocally states that notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing certain actions concerning forest land. This establishes the supremacy of the Central Government's power in regulating forest land diversion, overriding any potentially conflicting state laws or orders.

This "prior approval" requirement is the fundamental control mechanism of the Act. It means that before any forest land (as broadly defined by the Godavarman judgment) can be subjected to the restricted activities listed in Section 2, a formal proposal must be submitted to the Ministry of Environment, Forest and Climate Change (MoEF&CC) at the Central level, and their approval must be obtained. This process involves detailed scrutiny of the proposal, assessment of environmental impacts, and prescription of compensatory measures.

Dereservation of forest reserves

Section 2(i) of the Forest (Conservation) Act, 1980, restricts the de-reservation of any reserved forest or any portion thereof. "Reserved Forest" is a legal category of forest constituted under the Indian Forest Act, 1927, or similar state laws, where restrictions are imposed on the exercise of rights, and activities like timber felling, grazing, and collection of forest produce are prohibited unless specifically permitted.

De-reservation means changing the legal status of a reserved forest so that it is no longer classified as such. Before the 1980 Act, state governments could de-reserve reserved forests for various purposes, including bringing the land under cultivation or using it for other non-forest activities. Section 2(i) now makes it mandatory to obtain the prior approval of the Central Government for any such de-reservation. This ensures that the protective status of reserved forests is not easily removed and that decisions regarding their management are made at the national level, considering the broader implications for forest conservation.

Use of forest land for non-forest purposes

Section 2(ii) of the Forest (Conservation) Act, 1980, imposes the most frequently invoked restriction: the use of any forest land or any portion thereof for any non-forest purpose. This is the core provision governing the diversion of forest land for developmental projects.

The term "non-forest purpose" is defined in the Act (Explanation to Section 2) as "the breaking up or clearing of any forest land or portion thereof for (a) the cultivation of tea, coffee, spices, rubber, palms, cashew-nuts or tree crops; or (b) any purpose other than afforestation, being a purpose not connected with the conservation of forests".

This definition makes it clear that converting forest land for activities like agriculture (specifically listed plantations) or any other use that is not related to forestry or its conservation is considered a "non-forest purpose". This includes diversion for:

• Infrastructure projects (roads, railways, power lines, pipelines, dams, etc.).
• Mining activities.
• Industrial units.
• Housing and urban development.
• Establishment of schools, hospitals, or other public institutions (unless exempted under specific rules).
• Any other activity that involves clearing of forest cover or changing the land use from forestry to something else.

Therefore, any proposal by a state government or authority to permit such a diversion of forest land, whether it is a formally notified forest or a 'forest' according to the broader Supreme Court interpretation, requires the prior approval of the Central Government. This approval is typically granted with stringent conditions, such as compensatory afforestation (afforesting an equivalent or double area of non-forest land or degraded forest land), payment of Net Present Value (NPV) of the forest land, and implementation of site-specific mitigation measures.

Role of Central Government in Granting Approvals

The Forest (Conservation) Act, 1980, fundamentally shifted the power to decide on the diversion of forest land from State Governments to the Central Government. This is the core regulatory function established by the Act to ensure that decisions impacting forests are made at the national level with conservation as a primary consideration.

As established by Section 2 of the Act, the prior approval of the Central Government is mandatory for:

• De-reservation of reserved forests.
• Use of forest land for non-forest purposes (as broadly defined).
• Assigning forest land by way of lease or otherwise to any private person or authority, corporation, agency or any other organisation not owned, managed, or controlled by Government.
• Clearing of trees in forest land for the purpose of re-afforestation, except where the forest land is to be used for re-afforestation with a species other than those species which were growing on such land before such clearing.

The process for obtaining this approval is detailed in the Forest (Conservation) Rules framed under the Act and subsequent guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). Project proponents seeking to divert forest land submit their proposals to the concerned State Government, which after initial scrutiny and site inspection by the State Forest Department, forwards it to the Central Government (MoEF&CC).

The MoEF&CC examines the proposal in detail, often seeking the recommendation of its expert Advisory Committee (see Section I2 below). The Central Government evaluates the ecological value of the forest land proposed for diversion, the necessity of the project, the availability of alternative sites, and the potential environmental impacts. Based on this evaluation and the recommendations received, the Central Government takes a decision to either:

• Grant Approval: This is usually granted in two stages (Stage I or 'in-principle' approval and Stage II or 'final' approval). Approval is almost always granted with strict conditions aimed at mitigating the environmental impact.
• Reject the Proposal: If the environmental cost is deemed too high or if there are feasible alternatives.
• Seek Additional Information or Modify the Proposal: Requesting further details or suggesting changes to minimise forest land use or impacts.

The conditions imposed by the Central Government often include requirements for compensatory afforestation, payment of Net Present Value (NPV) of the diverted forest land, watershed treatment, wildlife habitat improvement, and ensuring the rights of forest-dwelling communities are settled under the Forest Rights Act, 2006. The State Government and the project proponent are responsible for complying with these conditions. The role of the Central Government is therefore central to regulating any activity that reduces India's forest cover.

Advisory Committee

The Forest (Conservation) Act, 1980, provides for the constitution of an expert body to assist the Central Government in taking decisions on proposals for the diversion of forest land. This body is the Advisory Committee.

Section 3 of the Act empowers the Central Government to constitute a Committee to advise the Government with respect to:

• Any matter referred to it by the Central Government regarding the grant of approval under Section 2.
• Any other matter connected with the conservation of forests which may be referred to it by the Central Government.

The Advisory Committee is typically composed of experts in forestry, environment, wildlife, and other relevant fields. The composition, tenure, and procedures of the Committee are prescribed by the Forest (Conservation) Rules, 1981.

When a proposal for diversion of forest land is received by the MoEF&CC, it is scrutinised by the Forest Clearance Division of the Ministry and then referred to the Advisory Committee. The Committee examines the proposal in detail, considering aspects like the ecological sensitivity of the area, the justification for the project, the area of forest land required, the adequacy of proposed mitigation measures (including compensatory afforestation and rehabilitation plans), and compliance with relevant laws like the Forest Rights Act.

The Advisory Committee holds meetings, may request project proponents to present their case, and sometimes recommends site inspections. After its deliberations, the Committee provides its recommendations to the Central Government (MoEF&CC). While the recommendations of the Advisory Committee are highly influential, the final decision on granting or rejecting approval rests with the Central Government. However, the Act mandates that the Central Government must consult this Committee before granting any approval under Section 2.

The Advisory Committee provides a crucial technical and expert perspective in the forest clearance process, helping the Central Government make informed decisions balancing conservation needs with developmental requirements.

Penalties for Contravention (Section 3A, 3B)**

To ensure compliance with the provisions of the Forest (Conservation) Act, 1980, and to deter illegal diversion of forest land, the Act includes provisions for penalties for contravention. These were introduced through amendments to the Act.

Section 3A of the Act specifies the penalty for contravention of the provisions of the Act. It states that:

"Whoever contravenes or abets the contravention of any of the provisions of section 2, or any rule made thereunder, or any condition of any approval granted thereunder, shall be punishable with simple imprisonment for a period which may extend to fifteen days."

This section makes it an offence to:

• Directly violate any restriction laid down in Section 2 (e.g., diverting forest land for non-forest purpose without Central Government approval).
• Abet (instigate or assist in) such contravention.
• Violate any rule made under the Act (e.g., the Forest (Conservation) Rules).
• Fail to comply with any condition stipulated in the approval granted by the Central Government under Section 2.

The penalty prescribed in Section 3A, simple imprisonment up to 15 days, is relatively light compared to penalties under other environmental laws. This has sometimes been seen as a limitation in deterring serious illegal diversions. However, coupled with the power of the Central Government to issue directions (including cessation of work) and the potential for court interventions, it provides a legal basis for action.

Section 3B deals with offences by authorities and government departments. It states that:

"Where any offence under this Act has been committed by any department of Government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence."

It also provides for offences committed by companies (Section 3B(2)), stating that the person in charge and responsible for the conduct of the company's business, as well as the company itself, shall be deemed guilty. A similar defence of lack of knowledge or due diligence is available.

These provisions ensure that not only individuals but also the heads of government departments and responsible persons in companies can be held liable for contraventions of the Act, provided they cannot prove lack of knowledge or exercise of due diligence.

Compounding of Offences (Section 3B)**

The Forest (Conservation) Act, 1980, also provides a mechanism for compounding certain offences. Compounding an offence means resolving the offence by paying a penalty instead of undergoing a trial, often before or during the legal proceedings.

The second part of Section 3B (specifically, provisions related to compounding, although not explicitly numbered as sub-sections in all versions, are part of the section dealing with penalties and offences) empowers the Central Government to compound certain offences under the Act. This provision was also inserted by amendment.

The power to compound is typically exercised for contraventions of Section 2 or rules/conditions made thereunder. The guidelines for compounding offences under the FCA, 1980, are issued by the MoEF&CC. Compounding is usually done for cases of illegal diversion where the land can be restored to forest use, or where compensatory measures can effectively mitigate the damage, and where the violation was perhaps not of a very severe nature or intentional.

Compounding allows the government to collect a penalty and regularise the use or require specific remedial actions (like increased compensatory afforestation or NPV payment) without going through potentially lengthy and complex court proceedings. This can be a faster way to secure environmental benefits and ensure compliance, particularly in cases of minor or rectifiable violations. However, the power to compound is discretionary, and serious or repeated violations may not be compounded and can lead to prosecution.

The exact procedure and penalty amounts for compounding are specified in the guidelines issued by the MoEF&CC from time to time. This mechanism provides flexibility in enforcement while still penalising illegal activities and ensuring corrective measures are taken.